Can my fiance visit me on vacation while our K-1 is pending

[grinchus 11]

Hi, my Italian fiance and I planned for him to visit me in August on vacation while waiting for our K-1 to be processed. Italy and the US have agreement whereby he can come here as a tourist and I can go there without a visa. Does the fact that we now have a K-1 pending change that? And if he can't come visit me, why is that? What is the legal basis for him not to come visit me as a tourist for 30 days just because we have an application pending?

He has already bought a ticket, but now we have been told anecdotally that he shouldn't come because we would risk having our whole application be denied. Is that true? We stand to lose money on this ticket, which is a true bummer.

If he can come, do I have to call and have the application amended, because when I originally filed it he never had been here, so I answered that particular question appropriately ("has your fiance ever been to the US?" = "no"). If he can come in August, "no" will no longer be the correct answer.

Thank you,

[payxibka 10,045]

daily question... please read the FAQ's

[Anh map 2,098]

Visiting US during K1 process

[Hell0W0rld 10]

daily question... please read the FAQ's

Visiting US during K1 process

[grinchus 11]

daily question... please read the FAQ's

Oh, sorry. Thanks for referring me to the FAQ. I'm a newbie, obviously!

[Nik+Heather 121]

Your question not covered in the FAQs - Don't worry about the number of visits being zero on the peititon. You signed and dated the petition. At that time, it was true. That's what matters.

Good luck on the rest of your visa journey, and happy visiting!!

Edited June 22, 2009 by Nik+Heather

[payxibka 10,045]

Your question not covered in the FAQs -

Yes it is...

http://www.visajourney.com/faq/kvisa-tips.html

please see 21.7

[Nik+Heather 121]

If he can come, do I have to call and have the application amended, because when I originally filed it he never had been here, so I answered that particular question appropriately ("has your fiance ever been to the US?" = "no"). If he can come in August, "no" will no longer be the correct answer.

Thank you,

Your question not covered in the FAQs - Don't worry about the number of visits being zero on the petition. You signed and dated the petition. At that time, it was true. That's what matters.

Your question not covered in the FAQs -

Yes it is...

http://www.visajourney.com/faq/kvisa-tips.html

please see 21.7

Casual reading does not mention anything about not having to amend the petition. No, I didn't go and read the 10+ page threads linked.

All other questions were addressed except the bolded one above.

[grinchus 11]

Your question not covered in the FAQs - Don't worry about the number of visits being zero on the peititon. You signed and dated the petition. At that time, it was true. That's what matters.

Good luck on the rest of your visa journey, and happy visiting!!

Thanks so much for this further clarification about my question. I'm glad I don't have to amend the petition!

[lesleysizeland 0]

Hello, just to let you know that i have just come to the states from England to visit my fiance and for us to start the visa process. On arrival in the US i went through customs and was asked all the normal questions (why are you here, how long etc etc) I was told to go and wait downstairs and was held for about an hour and a half! I was asked why i was coming so long (work gave me 5 weeks unpaid to start this process and to spend time with my fiance) basically, they told me i shouldnt be here while starting the visa (which i know is ####### and referred them to the part on the form where i put when i arrived in the US, how long im staying etc) but they chose to believe i had quit my job and come here to marry! I even showed them all my visa evidence!

Now, i wanted to come back in Sept but have been told by the oh so kind officer not to bother and if i do i wont get past customs! I have also spoken to lawyers and they say to do it at your own risk as you may be turned away.....supposidly, the officer who spoke to my fiance said that the only reason he was letting me into the country was because my guy is in the US Air Force (personally i think he had a major power trip, if you think someone is coming to get married why let them in if there fiance is civilian or military?!?! But hey, im not complaining, i get to spend some much deserved time with the love of my life!)

I have read on here how some people have entered the US fine and this is just my personal opinion but needless to say i have been told not to return until the visa is granted and if i do try to i wont get in I hope it works for you guys but just keep this in mind, its different for each person and as i found out it depends what officer you get at customs!

Lesley

[Nik+Heather 121]

It is true that it is at the discretion of the officer who interviews you when you try to enter the country.

The timing of your trip and the other things raised a lot of red flags - What the officer said about thinking you were coming to marry is true, someone looking just like you with the same evidence might have different intentions!

It is our direct experience - and I've seen posts from others of the same - that showing that you are invested in immigrating the legal way - NOA1 is proof that you've paid a pretty chunk of change to do it the "right" way- goes a long way with POE officers. People who claim strong ties to the US, but demonstrate no intent to take the legal route to immigration are perhaps rightfully suspected. Glad you got in - get that petition filed so that you can come back to stay ASAP!

Happy visiting, and hope your visa journey is smooth and swift!

[iLoveAPolishGirl 0]

It is too bad that you (I assume) mentioned your petition. CO's have no information on petitions on file and it really makes no difference for your trip. Each time my fiancee visited said she was coming 'on holiday' and 'visiting a friend'. That's it, no further questions for shorter trips (well, except if she was packing any kielbasa )

Her latest trip is, like yours, 5 weeks duration and due to that and her previous trips, she was ask more questions (mainly, like you, how could she get so much time-off!) She was also warned about future trips, but only because this was her 4th trip this year

As per returning in Sept... I highly doubt, but don't know whether such comments as the CO made are entered into any database.... BUT... you probably should at least wait a bit longer before a follow up trip regardless ... Sept seems a bit too soon to me! Be careful not to push it TOO hard... but it's also hard to guess what 'too hard' is

Good Luck!

dvc

Edited June 23, 2009 by iLoveAPolishGirl

[Ste&Velma 3]

I-129F sent on January, the 24th 2009. Entered for the second time in Philadelphia, U.S. on March, the 9th 2009. Interviewed. Not a single question, nor reference about the pending USCIS petition. Just tell him to be straight honest with the CBP. The first question he is likely to hear from the officer is: what are you going to do in the U.S.? If he declares you're going to see each other, there should be no problem.

Hope it helps. Saluti!

Stefano